Colorado

Overview

Here you will find what is required by state when making a living will. You will also find whether or not this specific state accepts oral or written wills.

Some key terms to keep in mind:

Testator: One who makes or has made a will; one who dies leaving a will.
Holographic Will: A will and testament that has been entirely handwritten and signed by the testator.
Oral Will: An oral will (or "nuncupative" will) is a will that has been delivered orally (that is, in speech) to witnesses, as opposed to the usual form of wills, which is written and according to a proper format.

State Requirements and Will Type Recognition

Code Section

15-11-501, et seq.

Operative Facts

1. Declarant must be competent
2. Declarant must be an adult
3. document must be executed before 2 competent witnesses

Age of Testator

18 years or older and of sound mind

Number of Witnesses Required

Signed by at least two “generally competent” persons, either before or after the testators death, each of whom signed within a reasonable time after he or she witnessed, in the conscious presence of the testator, either the signing or testators acknowledgment of signature or of will.

Oral Will Recognition

Not recognized

Holographic Will Recognition

Valid whether or not there are witnesses if signature and material provisions are in handwriting of testator